DR. R. S. D. TEI & ANOR VS MESSRS CEIBA INTERNATIONAL
2015
HIGH COURT
GHANA
CORAM
- JUSTICE JENNIFER A. DODOO (MRS)
Areas of Law
- Civil Procedure
- Tort Law
- Aviation Law
2015
HIGH COURT
GHANA
CORAM
AI Generated Summary
On October 5, 2014, 1st and 2nd Plaintiffs boarded the Defendant's aircraft from Kotoka International Airport to Malabo. During the flight, another passenger opened the overhead compartment causing injury to the 1st Plaintiff's left eye. The cabin crew failed to provide proper first aid. Plaintiffs sued for various damages. The Defendant did not appear in court. The court proceeded with the trial and heard the Plaintiffs' evidence. The court held that the Defendant was not liable as the injury was caused by a third party, not the Defendant or its agents. Plaintiffs' claims were dismissed.
In a writ issued out of the Registry of this Court, the 1st Plaintiff sued for the following reliefs: (a) Damages for loss of earnings(b) Damages for past and future pains and suffering(c) Damages for past and future medical charges or costs(d) Past drugs charges of GH¢20, 000. 00(e) Damages for emotional distress or trauma(f) Damages for travelling and transport to receive medical treatment or house call by doctors(g) Punitive damages for their uncaring and reprehensible conduct(h) Costs and lawyers fee at the approved Ghana Bar Association scales of fees The 2nd Plaintiff also claimed against the Defendant, (a) Damages for the psychological or emotional trauma suffered and the anxiety being experienced.
b) GH¢12, 000. 00 for past drugs purchased and general damages for future treatment and drugs.
The 1st Plaintiff is a Consultant Engineer and the Executive Chairman of Rockshell International Ltd. The 2nd Plaintiff is an Executive Secretary to the 1st Plaintiff.
It is their case that on 5th October 2014, they as fee paying passengers boarded the Defendant’s aircraft at the Kotoka International Airport in Accra to travel to Malabo in Equatorial Guinea for a discussion with the President of Equatorial Guinea involving over $400 billion.
The Plaintiffs stated further that as 1st Plaintiff was about to assume his seat on the aircraft, a passenger also on board the aircraft opened the overhead carry-on luggage compartment which hit the 1st Plaintiff in the face causing bleeding from his left eye.
They averred that the cabin crew failed to render any first aid and only provided the Plaintiffs with cotton wool and gentian violet.
As a result, it was left up to the 2nd Plaintiff to staunch the wound to prevent bleeding.
The Defendant’s staff did not offer any assistance to the Plaintiffs.
The 1st Plaintiff according to the pleadings was later referred to a specialist hospital in Malabo at the instance of the President of the Republic of Equatorial Guinea.
The 2nd Plaintiff averred that she had suffered emotional trauma as she had to administer first aid to the 1st Plaintiff without any protective gear such as gloves.
She stated that due to that she had lost weight and has had sleepless nights due to her apprehension of the possibility of contracting HIV/AIDS and/or Hepatitis B or C viruses.
The 1st Plaintiff stated that he still receives treatment at the hospital as he is still suffering from pains in his eye.
He averred that the injury to his eye pre